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First Tennessee’s FCA Settlement, Another Notch on FHA/DOJ Belt

June 12, 2015
First Tennessee Bank’s agreement with federal agencies to pay $212.5 million to resolve allegations of violation of the False Claims Act is the latest proof of the government’s unrelenting pursuit of FHA lenders over underwriting and quality control issues. The settlement once again demonstrates the federal government’s commitment to combat FHA fraud using the FCA to recover taxpayer losses, according to an analysis by Boston law firm Greene LLP. “[The Department of Housing and Urban Development] made a point of saying that this behavior is exactly what led to the financial crisis and housing market downturn,” Greene’s compliance attorneys said. HUD and the Department of Justice have vowed to continue to pursue and hold accountable lenders who put profits ahead of their customers and legal obligations, the attorneys added. According to the DOJ, First Tennessee, a regional bank, admitted ...
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VA to Propose New Requirements For Appraisers, Finalize QM Rule

June 12, 2015
The Department of Veterans Affairs expects to issue a final rule establishing ability-to-repay (ATR) standards and defining a “qualified mortgage” in October, according to the agency’s regulatory agenda for the second half of 2015. Proposed in May 2014, the rule would implement provisions of the Dodd-Frank Act, which, among other things, would require the VA to define the types of loans that are QMs under the new ATR provisions of the Truth in Lending Act. VA loans that are designated as QM would have either safe-harbor protections or the presumption that the borrower is able to repay the mortgage loan, in accordance with the new ATR provisions. The final rule would not change VA’s regulations or policies regarding mortgage originations, except when lenders want to originate QMs, the VA said. A VA spokesman clarified that action dates on any particular rulemaking are not ...
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HECM Production Rises in 1Q15, HMBS Issuance Going Strong

June 12, 2015
Total originations of reverse mortgages with FHA insurance increased in the first three months of 2015, according to an Inside FHA/VA Lending analysis of agency data. Home Equity Conversion Mortgage production, overall, rose 3.0 percent to $3.9 billion from the fourth quarter of 2014 and was down 2.0 percent on a year-over-year basis. HECM purchase loans far outpaced refinances, which accounted for only 14.5 percent of total HECM volume in the first quarter. Lenders reported a total of $2.3 billion in initial HECM principal amount at loan origination. Meanwhile, there is continued investor interest in HECM mortgage-backed securities (HMBS), according to Ginnie Mae. The unpaid principal balance of HMBS climbed to $48.9 billion in FY 2014 and the number of participations (the funded portions of HECM loans that have been securitized) has increased to 6,585, 856. HMBS issuance was ... [1 chart]
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FHA to Propose New Condo Policy To Ensure Compliance with HERA

June 12, 2015
The FHA plans to issue a proposed rule in the fall that would allow it to insure single-family condominium units in multifamily projects, according to the agency’s regulatory agenda for the second half of 2015. The proposed rule would cover condo units that are attached, detached, semi-detached or manufactured. It would apply as well to undivided interests in the common areas and facilities that serve the project. The proposed change would clarify and ensure lender compliance with the Housing and Economic Recovery Act of 2008. HERA moved FHA’s authority to insure single-family condominiums from Section 234 to Section 203 of the National Housing Act. However, because Section 203 does not provide the same authority for FHA, rulemaking became necessary. HERA also granted FHA the authority to issue administrative notices to convey condominium policy guidance until a ...
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Industry Rep on PHH Case: The CFPB is Trying to ‘Rewrite RESPA Retroactively’

June 11, 2015
Thomas Ressler
CFPB Director Richard Cordray overrode a $6.4 million penalty set by an ALJ in the matter and ordered PHH to pay $109.2 million...
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Home-Equity Lending Slowed in 1Q15, but Compared to a Year Ago: Wow

June 11, 2015
John Bancroft
Banks, thrifts and credit unions reported a slight uptick in the amount of unused HELOC commitments compared to the end of last year.
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Bayview Executive in Charge of Non-QM Purchases Departs, Says Volumes are Anemic

June 11, 2015
Paul Muolo
When asked why he thought non-QM lending has been so weak he said, “The consumer is resistant to the pricing.”
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Home-Equity Lending Tapered Off in Early 2015, But New HELOC Commitments Tick Higher

June 11, 2015
Americans were too busy refinancing and shoveling snow to get new home-equity loans during the first quarter of 2015, a new Inside Mortgage Finance analysis reveals. Mortgage lenders did an estimated $19.5 billion of home-equity lending during the first three months of 2015, based on new commitments for home-equity lines of credit – by far the most active part of the HEL market – plus originations of closed-end seconds. That was down 7.1 percent from the fourth quarter of last year. Despite the slowdown in the first quarter, home-equity production was...[Includes three data tables]
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Nationstar Launches Revamped Online Home Buying Platform, Seen as a Way to Help Increase Originations

June 10, 2015
Brandon Ivey
In recent years there has been speculation that Nationstar would spinoff Solutionstar, but officials at Nationstar now see Xome as a way to differentiate the nonbank from other lenders.
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Short Sellers of Publicly Traded Mortgage Firms Could Get Burned

June 10, 2015
Paul Muolo
In general, companies whose sole mission is to originate and service residential mortgages are the most shorted stocks in the sector...
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